Can something be sent into collection without any notice that a bill was due?

I’m being sued by an apartment comples for $1,200 but I was never aware that I owed anything and they sent it into collections. However, they had my current address, phone number, and email address.

Asked on June 3, 2012 under Bankruptcy Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking, no, notice is a key element to all actions taken.  But if there is a bill due and owing then it can go in to collections before you are sued for the money.  You need to answer the lawsuit and state some affirmative defenses such as notice, failure to properly serve you, that you are not a proper party, that you owe no such debt.  Then write to the collection agency and demand that they validate the debt: give you a copy of the original contract stating that you owe the debt, show you what you have paid to date and what is owing and a copy of their contract giving them a right to collect.  Good luck.


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